AN ACT Relating to
correcting obsolete terminology for the designation of osteopathic physician
and surgeon; amending RCW 18.35.110, 18.57.001, 18.57.140, 18.71.030,
18.71.055, 18.71.205, 18.76.020, 18.76.060, 18.120.020, 43.43.830, 48.46.170,
49.78.020, 68.50.530, 69.41.010, 69.41.030, 69.50.101, 70.05.050, 70.08.030,
70.28.031, 70.38.115, 70.96A.020, and 70.124.020; reenacting and amending RCW
26.44.020 and 41.26.030; providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 18.35.110 and 1993 c
313 s 4 are each amended to read as follows:
In addition to causes
specified under RCW 18.130.170 and 18.130.180, any person licensed under this
chapter may be subject to disciplinary action by the board for any of the
following causes:
(1) For unethical
conduct in dealing in hearing aids. Unethical conduct shall include, but not
be limited to:
(a) Using or causing or
promoting the use of, in any advertising matter, promotional literature,
testimonial, guarantee, warranty, label, brand, insignia, or any other
representation, however disseminated or published, which is false, misleading
or deceptive;
(b) Failing or refusing
to honor or to perform as represented any representation, promise, agreement,
or warranty in connection with the promotion, sale, dispensing, or fitting of
the hearing aid;
(c) Advertising a
particular model, type, or kind of hearing aid for sale which purchasers or
prospective purchasers responding to the advertisement cannot purchase or are
dissuaded from purchasing and where it is established that the purpose of the
advertisement is to obtain prospects for the sale of a different model, type,
or kind than that advertised;
(d) Falsifying hearing
test or evaluation results;
(e)(i) Whenever any of
the following conditions are found or should have been found to exist either
from observations by the licensee or on the basis of information furnished by
the prospective hearing aid user prior to fitting and dispensing a hearing aid
to any such prospective hearing aid user, failing to advise that prospective
hearing aid user in writing that the user should first consult a licensed
physician specializing in diseases of the ear or if no such licensed physician
is available in the community then to any duly licensed physician:
(A) Visible congenital
or traumatic deformity of the ear, including perforation of the eardrum;
(B) History of, or
active drainage from the ear within the previous ninety days;
(C) History of sudden
or rapidly progressive hearing loss within the previous ninety days;
(D) Acute or chronic
dizziness;
(E) Any unilateral
hearing loss;
(F) Significant
air-bone gap when generally acceptable standards have been established as
defined by the food and drug administration;
(G) Visible evidence of
significant cerumen accumulation or a foreign body in the ear canal;
(H) Pain or discomfort
in the ear; or
(I) Any other
conditions that the board may by rule establish. It is a violation of this
subsection for any licensee or that licensee's employees and putative agents
upon making such required referral for medical opinion to in any manner
whatsoever disparage or discourage a prospective hearing aid user from seeking
such medical opinion prior to the fitting and dispensing of a hearing aid. No
such referral for medical opinion need be made by any licensee in the instance
of replacement only of a hearing aid which has been lost or damaged beyond
repair within six months of the date of purchase. The licensee or the
licensee's employees or putative agents shall obtain a signed statement from
the hearing aid user documenting the waiver of medical clearance and the waiver
shall inform the prospective user that signing the waiver is not in the user's
best health interest: PROVIDED, That the licensee shall maintain a copy of
either the physician's statement showing that the prospective hearing aid user
has had a medical evaluation or the statement waiving medical evaluation, for a
period of three years after the purchaser's receipt of a hearing aid. Nothing
in this section required to be performed by a licensee shall mean that the
licensee is engaged in the diagnosis of illness or the practice of medicine or
any other activity prohibited under the laws of this state;
(ii) Fitting and
dispensing a hearing aid to any person under eighteen years of age who has not
been examined and cleared for hearing aid use within the previous six months by
a physician specializing in otolaryngology except in the case of replacement
instruments or except in the case of the parents or guardian of such person
refusing, for good cause, to seek medical opinion: PROVIDED, That should the
parents or guardian of such person refuse, for good cause, to seek medical
opinion, the licensee shall obtain from such parents or guardian a certificate
to that effect in a form as prescribed by the department;
(iii) Fitting and
dispensing a hearing aid to any person under eighteen years of age who has not
been examined by an audiologist who holds at least a master's degree in
audiology for recommendations during the previous six months, without first
advising such person or his or her parents or guardian in writing that he or
she should first consult an audiologist who holds at least a master's degree in
audiology, except in cases of hearing aids replaced within six months of their
purchase;
(f) Representing that
the services or advice of a person licensed to practice medicine and surgery
under chapter 18.71 RCW or ((osteopathy)) osteopathic medicine
and surgery under chapter 18.57 RCW or of a clinical audiologist will be used
or made available in the selection, fitting, adjustment, maintenance, or repair
of hearing aids when that is not true, or using the word "doctor,"
"clinic," or other like words, abbreviations, or symbols which tend
to connote a medical or osteopathic medicine and surgery profession when
such use is not accurate;
(g) Permitting another
to use his or her license;
(h) Stating or implying
that the use of any hearing aid will restore normal hearing, preserve hearing,
prevent or retard progression of a hearing impairment, or any other false,
misleading, or medically or audiologically unsupportable claim regarding the
efficiency of a hearing aid;
(i) Representing or
implying that a hearing aid is or will be "custom-made," "made
to order," "prescription made," or in any other sense specially
fabricated for an individual when that is not the case; or
(j) Directly or
indirectly offering, giving, permitting, or causing to be given, money or
anything of value to any person who advised another in a professional capacity
as an inducement to influence that person, or to have that person influence
others to purchase or contract to purchase any product sold or offered for sale
by the licensee, or to influence any person to refrain from dealing in the
products of competitors.
(2) Engaging in any
unfair or deceptive practice or unfair method of competition in trade within
the meaning of RCW 19.86.020.
(3) Aiding or abetting
any violation of the rebating laws as stated in chapter 19.68 RCW.
Sec. 2. RCW 18.57.001 and 1991 c
160 s 1 are each amended to read as follows:
As used in this
chapter:
(1) "Board"
means the Washington state board of osteopathic medicine and surgery;
(2)
"Department" means the department of health;
(3)
"Secretary" means the secretary of health; and
(4) "Osteopathic
medicine and surgery" means the use of any and all methods in the
treatment of disease, injuries, deformities, and all other physical and mental
conditions in and of human beings, including the use of osteopathic
manipulative therapy. ((The term means the same as "osteopathy and
surgery".))
Sec. 3. RCW 18.57.140 and 1919 c
4 s 20 are each amended to read as follows:
On all cards, signs,
letterheads, envelopes and billheads used by those licensed by this chapter to
practice ((osteopathy or osteopathy)) osteopathic medicine and
surgery the word "osteopathic" shall always immediately precede the
word "physician" and if the word "surgeon" is used in
connection with said name, the word "osteopathic" shall also
immediately precede said word "surgeon."
Sec. 4. RCW 18.71.030 and 1994
1st sp.s. c 9 s 306 are each amended to read as follows:
Nothing in this chapter
shall be construed to apply to or interfere in any way with the practice of
religion or any kind of treatment by prayer; nor shall anything in this chapter
be construed to prohibit:
(1) The furnishing of
medical assistance in cases of emergency requiring immediate attention;
(2) The domestic
administration of family remedies;
(3) The administration
of oral medication of any nature to students by public school district
employees or private elementary or secondary school employees as provided for
in chapter 28A.210 RCW;
(4) The practice of
dentistry, ((osteopathy, osteopathy)) osteopathic medicine and
surgery, nursing, chiropractic, podiatric medicine and surgery, optometry,
naturopathy, or any other healing art licensed under the methods or means
permitted by such license;
(5) The practice of
medicine in this state by any commissioned medical officer serving in the armed
forces of the United States or public health service or any medical officer on
duty with the United States veterans administration while such medical officer
is engaged in the performance of the duties prescribed for him or her by the
laws and regulations of the United States;
(6) The practice of
medicine by any practitioner licensed by another state or territory in which he
or she resides, provided that such practitioner shall not open an office or
appoint a place of meeting patients or receiving calls within this state;
(7) The practice of
medicine by a person who is a regular student in a school of medicine approved
and accredited by the commission, however, the performance of such services be
only pursuant to a regular course of instruction or assignments from his or her
instructor, or that such services are performed only under the supervision and
control of a person licensed pursuant to this chapter;
(8) The practice of
medicine by a person serving a period of postgraduate medical training in a
program of clinical medical training sponsored by a college or university in
this state or by a hospital accredited in this state, however, the performance
of such services shall be only pursuant to his or her duties as a trainee;
(9) The practice of
medicine by a person who is regularly enrolled in a physician assistant program
approved by the commission, however, the performance of such services shall be
only pursuant to a regular course of instruction in said program and such services
are performed only under the supervision and control of a person licensed
pursuant to this chapter;
(10) The practice of
medicine by a licensed physician assistant which practice is performed under
the supervision and control of a physician licensed pursuant to this chapter;
(11) The practice of
medicine, in any part of this state which shares a common border with Canada
and which is surrounded on three sides by water, by a physician licensed to
practice medicine and surgery in Canada or any province or territory thereof;
(12) The administration
of nondental anesthesia by a dentist who has completed a residency in
anesthesiology at a school of medicine approved by the commission, however, a
dentist allowed to administer nondental anesthesia shall do so only under
authorization of the patient's attending surgeon, obstetrician, or
psychiatrist, and the commission has jurisdiction to discipline a dentist
practicing under this exemption and enjoin or suspend such dentist from the
practice of nondental anesthesia according to this chapter and chapter 18.130
RCW;
(13) Emergency
lifesaving service rendered by a physician's trained mobile intravenous therapy
technician, by a physician's trained mobile airway management technician, or by
a physician's trained mobile intensive care paramedic, as defined in RCW
18.71.200, if the emergency lifesaving service is rendered under the
responsible supervision and control of a licensed physician;
(14) The provision of
clean, intermittent bladder catheterization for students by public school
district employees or private school employees as provided for in RCW 18.79.290
and 28A.210.280.
Sec. 5. RCW 18.71.055 and 1994
1st sp.s. c 9 s 309 are each amended to read as follows:
The commission may
approve any school of medicine which is located in any state, territory, or
possession of the United States, the District of Columbia, or in the Dominion
of Canada, provided that it:
(1) Requires collegiate
instruction which includes courses deemed by the commission to be prerequisites
to medical education;
(2) Provides adequate
instruction in the following subjects: Anatomy, biochemistry, microbiology
and immunology, pathology, pharmacology, physiology, anaesthesiology,
dermatology, gynecology, internal medicine, neurology, obstetrics,
ophthalmology, orthopedic surgery, otolaryngology, pediatrics, physical
medicine and rehabilitation, preventive medicine and public health, psychiatry,
radiology, surgery, and urology, and such other subjects determined by the
commission;
(3) Provides clinical
instruction in hospital wards and out-patient clinics under guidance.
Approval may be
withdrawn by the commission at any time a medical school ceases to comply with
one or more of the requirements of this section.
(4) Nothing in this
section shall be construed to authorize the commission to approve a school of
((osteopathy, osteopathy)) osteopathic medicine and surgery, or
osteopathic medicine, for purposes of qualifying an applicant to be licensed
under this chapter by direct licensure, reciprocity, or otherwise.
Sec. 6. RCW 18.71.205 and 1994
1st sp.s. c 9 s 316 are each amended to read as follows:
(1) The secretary of
the department of health, in conjunction with the advice and assistance of the
emergency medical services licensing and certification advisory committee as
prescribed in RCW 18.73.050, and the commission, shall prescribe:
(a) Minimum standards
and performance requirements for the certification and recertification of physician's
trained intravenous therapy technicians, airway management technicians, and
mobile intensive care paramedics; and
(b) Procedures for
certification, recertification, and decertification of physician's trained
intravenous therapy technicians, airway management technicians, and mobile
intensive care paramedics.
(2) Initial
certification shall be for a period of three years.
(3) Recertification
shall be granted upon proof of continuing satisfactory performance and
education, and shall be for a period of three years.
(4) As used in chapters
18.71 and 18.73 RCW, "approved medical program director" means a
person who:
(a) Is licensed to
practice medicine and surgery pursuant to chapter 18.71 RCW or ((osteopathy))
osteopathic medicine and surgery pursuant to chapter 18.57 RCW; and
(b) Is qualified and
knowledgeable in the administration and management of emergency care and
services; and
(c) Is so certified by
the department of health for a county, group of counties, or cities with
populations over four hundred thousand in coordination with the recommendations
of the local medical community and local emergency medical services and trauma
care council.
(5) The Uniform
Disciplinary Act, chapter 18.130 RCW, governs uncertified practice, the
issuance and denial of certificates, and the disciplining of certificate
holders under this section. The secretary shall be the disciplining authority
under this section. Disciplinary action shall be initiated against a person
credentialed under this chapter in a manner consistent with the
responsibilities and duties of the medical program director under whom such
person is responsible.
Sec. 7. RCW 18.76.020 and 1991 c
3 s 184 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter:
(1)
"Department" means the department of health.
(2) "Poison information
center medical director" means a person who: (a) Is licensed to practice
medicine and surgery under chapter 18.71 RCW or ((osteopathy)) osteopathic
medicine and surgery under chapter 18.57 RCW; (b) is certified by the
secretary under standards adopted under RCW 18.76.050; and (c) provides
services enumerated under RCW 18.76.030 ((and 18.76.040)), and is
responsible for supervision of poison information specialists.
(3) "Poison
information specialist" means a person who provides services enumerated under
RCW 18.76.030 ((and 18.76.040)) under the supervision of a poison
information center medical director and is certified by the secretary under
standards adopted under RCW 18.76.050.
(4)
"Secretary" means the secretary of health.
Sec. 8. RCW 18.76.060 and 1993 c
343 s 4 are each amended to read as follows:
(1) A person may not
act as a poison center medical director or perform the duties of poison
information specialists of a poison information center without being certified
by the secretary under this chapter.
(2) Notwithstanding
subsection (1) of this section, if a poison center medical director terminates
certification or is decertified, that poison center medical director's
authority may be delegated by the department to any other person licensed to
practice medicine and surgery under chapter 18.71 RCW or ((osteopathy)) osteopathic
medicine and surgery under chapter 18.57 RCW for a period of thirty days,
or until a new poison center medical director is certified, whichever comes
first.
Sec. 9. RCW 18.120.020 and 1994
1st sp.s. c 9 s 718 are each amended to read as follows:
The definitions
contained in this section shall apply throughout this chapter unless the
context clearly requires otherwise.
(1) "Applicant
group" includes any health professional group or organization, any
individual, or any other interested party which proposes that any health
professional group not presently regulated be regulated or which proposes to
substantially increase the scope of practice of the profession.
(2)
"Certificate" and "certification" mean a voluntary process
by which a statutory regulatory entity grants recognition to an individual who
(a) has met certain prerequisite qualifications specified by that regulatory
entity, and (b) may assume or use "certified" in the title or
designation to perform prescribed health professional tasks.
(3) "Grandfather
clause" means a provision in a regulatory statute applicable to
practitioners actively engaged in the regulated health profession prior to the
effective date of the regulatory statute which exempts the practitioners from
meeting the prerequisite qualifications set forth in the regulatory statute to
perform prescribed occupational tasks.
(4) "Health
professions" means and includes the following health and health-related
licensed or regulated professions and occupations: Podiatric medicine and
surgery under chapter 18.22 RCW; chiropractic under chapter 18.25 RCW; dental
hygiene under chapter 18.29 RCW; dentistry under chapter 18.32 RCW; dispensing
opticians under chapter 18.34 RCW; hearing aids under chapter 18.35 RCW;
naturopaths under chapter 18.36A RCW; embalming and funeral directing under
chapter 18.39 RCW; midwifery under chapter 18.50 RCW; nursing home administration
under chapter 18.52 RCW; optometry under chapters 18.53 and 18.54 RCW;
ocularists under chapter 18.55 RCW; ((osteopathy and)) osteopathic
medicine and surgery under chapters 18.57 and 18.57A RCW; pharmacy under
chapters 18.64 and 18.64A RCW; medicine under chapters 18.71 and 18.71A RCW;
emergency medicine under chapter 18.73 RCW; physical therapy under chapter
18.74 RCW; practical nurses under chapter 18.79 RCW; psychologists under
chapter 18.83 RCW; registered nurses under chapter 18.79 RCW; occupational
therapists licensed under chapter 18.59 RCW; respiratory care practitioners
certified under chapter 18.89 RCW; veterinarians and animal technicians under
chapter 18.92 RCW; health care assistants under chapter 18.135 RCW; massage
practitioners under chapter 18.108 RCW; acupuncturists certified under chapter
18.06 RCW; persons registered or certified under chapter 18.19 RCW; dietitians
and nutritionists certified by chapter 18.138 RCW; radiologic technicians under
chapter 18.84 RCW; and nursing assistants registered or certified under chapter
18.88A RCW.
(5)
"Inspection" means the periodic examination of practitioners by a
state agency in order to ascertain whether the practitioners' occupation is
being carried out in a fashion consistent with the public health, safety, and
welfare.
(6) "Legislative
committees of reference" means the standing legislative committees
designated by the respective rules committees of the senate and house of
representatives to consider proposed legislation to regulate health professions
not previously regulated.
(7)
"License," "licensing," and "licensure" mean
permission to engage in a health profession which would otherwise be unlawful
in the state in the absence of the permission. A license is granted to those
individuals who meet prerequisite qualifications to perform prescribed health
professional tasks and for the use of a particular title.
(8) "Professional
license" means an individual, nontransferable authorization to carry on a
health activity based on qualifications which include: (a) Graduation from an
accredited or approved program, and (b) acceptable performance on a qualifying
examination or series of examinations.
(9)
"Practitioner" means an individual who (a) has achieved knowledge and
skill by practice, and (b) is actively engaged in a specified health
profession.
(10) "Public
member" means an individual who is not, and never was, a member of the
health profession being regulated or the spouse of a member, or an individual
who does not have and never has had a material financial interest in either the
rendering of the health professional service being regulated or an activity
directly related to the profession being regulated.
(11)
"Registration" means the formal notification which, prior to
rendering services, a practitioner shall submit to a state agency setting forth
the name and address of the practitioner; the location, nature and operation of
the health activity to be practiced; and, if required by the regulatory entity,
a description of the service to be provided.
(12) "Regulatory
entity" means any board, commission, agency, division, or other unit or
subunit of state government which regulates one or more professions, occupations,
industries, businesses, or other endeavors in this state.
(13) "State
agency" includes every state office, department, board, commission,
regulatory entity, and agency of the state, and, where provided by law,
programs and activities involving less than the full responsibility of a state
agency.
Sec. 10. RCW 26.44.020 and 1993 c
412 s 12 and 1993 c 402 s 1 are each reenacted and amended to read as follows:
For the purpose of and
as used in this chapter:
(1) "Court"
means the superior court of the state of Washington, juvenile department.
(2) "Law
enforcement agency" means the police department, the prosecuting attorney,
the state patrol, the director of public safety, or the office of the sheriff.
(3) "Practitioner
of the healing arts" or "practitioner" means a person licensed
by this state to practice podiatric medicine and surgery, optometry,
chiropractic, nursing, dentistry, ((osteopathy)) osteopathic medicine
and surgery, or medicine and surgery or to provide other health services. The
term "practitioner" shall include a duly accredited Christian Science
practitioner: PROVIDED, HOWEVER, That a person who is being furnished
Christian Science treatment by a duly accredited Christian Science practitioner
shall not be considered, for that reason alone, a neglected person for the
purposes of this chapter.
(4)
"Institution" means a private or public hospital or any other
facility providing medical diagnosis, treatment or care.
(5)
"Department" means the state department of social and health
services.
(6) "Child"
or "children" means any person under the age of eighteen years of
age.
(7) "Professional
school personnel" shall include, but not be limited to, teachers,
counselors, administrators, child care facility personnel, and school nurses.
(8) "Social
service counselor" shall mean anyone engaged in a professional capacity
during the regular course of employment in encouraging or promoting the health,
welfare, support or education of children, or providing social services to
adults or families, including mental health, drug and alcohol treatment, and
domestic violence programs, whether in an individual capacity, or as an
employee or agent of any public or private organization or institution.
(9)
"Psychologist" shall mean any person licensed to practice psychology
under chapter 18.83 RCW, whether acting in an individual capacity or as an
employee or agent of any public or private organization or institution.
(10)
"Pharmacist" shall mean any registered pharmacist under the
provisions of chapter 18.64 RCW, whether acting in an individual capacity or as
an employee or agent of any public or private organization or institution.
(11) "Clergy"
shall mean any regularly licensed or ordained minister, priest or rabbi of any
church or religious denomination, whether acting in an individual capacity or
as an employee or agent of any public or private organization or institution.
(12) "Abuse or
neglect" shall mean the injury, sexual abuse, sexual exploitation,
negligent treatment, or maltreatment of a child, adult dependent, or
developmentally disabled person by any person under circumstances which
indicate that the child's or adult's health, welfare, and safety is harmed. An
abused child is a child who has been subjected to child abuse or neglect as
defined herein.
(13) "Child
protective services section" shall mean the child protective services
section of the department.
(14) "Adult
dependent persons" shall be defined as those persons over the age of
eighteen years who have been found to be legally incompetent or disabled
pursuant to chapter 11.88 RCW.
(15) "Sexual
exploitation" includes: (a) Allowing, permitting, or encouraging a child
to engage in prostitution by any person; or (b) allowing, permitting,
encouraging, or engaging in the obscene or pornographic photographing, filming,
or depicting of a child by any person.
(16) "Negligent
treatment or maltreatment" means an act or omission which evidences a
serious disregard of consequences of such magnitude as to constitute a clear
and present danger to the child's health, welfare, and safety.
(17)
"Developmentally disabled person" means a person who has a disability
defined in RCW 71A.10.020.
(18) "Child
protective services" means those services provided by the department
designed to protect children from child abuse and neglect and safeguard the
general welfare of such children and shall include investigations of child
abuse and neglect reports, including reports regarding child care centers and
family child care homes, and the development, management, and provision of or
referral to services to ameliorate conditions which endanger the welfare of
children, the coordination of necessary programs and services relevant to the
prevention, intervention, and treatment of child abuse and neglect, and
services to children to ensure that each child has a permanent home. In
determining whether protective services should be provided, the department
shall not decline to provide such services solely because of the child's
unwillingness or developmental inability to describe the nature and severity of
the abuse or neglect.
(19) "Malice"
or "maliciously" means an evil intent, wish, or design to vex, annoy,
or injure another person. Such malice may be inferred from an act done in
wilful disregard of the rights of another, or an act wrongfully done without
just cause or excuse, or an act or omission of duty betraying a wilful
disregard of social duty.
(20) "Sexually
aggressive youth" means a child who is defined in RCW 74.13.075(1)(b) as
being a "sexually aggressive youth."
Sec. 11. RCW 41.26.030 and 1994 c
264 s 14 and 1994 c 197 s 5 are each reenacted and amended to read as follows:
As used in this
chapter, unless a different meaning is plainly required by the context:
(1) "Retirement
system" means the "Washington law enforcement officers' and fire
fighters' retirement system" provided herein.
(2)(a)
"Employer" for plan I members, means the legislative authority of any
city, town, county, or district or the elected officials of any municipal
corporation that employs any law enforcement officer and/or fire fighter, any
authorized association of such municipalities, and, except for the purposes of
RCW 41.26.150, any labor guild, association, or organization, which represents
the fire fighters or law enforcement officers of at least seven cities of over
20,000 population and the membership of each local lodge or division of which
is composed of at least sixty percent law enforcement officers or fire fighters
as defined in this chapter.
(b)
"Employer" for plan II members, means the following entities to the
extent that the entity employs any law enforcement officer and/or fire fighter:
(i) The legislative
authority of any city, town, county, or district;
(ii) The elected
officials of any municipal corporation; or
(iii) The governing
body of any other general authority law enforcement agency.
(3) "Law
enforcement officer" beginning January 1, 1994, means any person who is
commissioned and employed by an employer on a full time, fully compensated
basis to enforce the criminal laws of the state of Washington generally, with
the following qualifications:
(a) No person who is serving
in a position that is basically clerical or secretarial in nature, and who is
not commissioned shall be considered a law enforcement officer;
(b) Only those deputy
sheriffs, including those serving under a different title pursuant to county
charter, who have successfully completed a civil service examination for deputy
sheriff or the equivalent position, where a different title is used, and those
persons serving in unclassified positions authorized by RCW 41.14.070 except a
private secretary will be considered law enforcement officers;
(c) Only such full time
commissioned law enforcement personnel as have been appointed to offices,
positions, or ranks in the police department which have been specifically
created or otherwise expressly provided for and designated by city charter
provision or by ordinance enacted by the legislative body of the city shall be
considered city police officers;
(d) The term "law
enforcement officer" also includes the executive secretary of a labor
guild, association or organization (which is an employer under RCW 41.26.030(2)
((as now or hereafter amended))) if that individual has five years
previous membership in the retirement system established in chapter 41.20 RCW.
The provisions of this subsection (3)(d) shall not apply to plan II members;
and
(e) The term "law
enforcement officer" also includes a person employed on or after January
1, 1993, as a public safety officer or director of public safety, so long as
the job duties substantially involve only either police or fire duties, or
both, and no other duties in a city or town with a population of less than ten
thousand. The provisions of this subsection (3)(e) shall not apply to any
public safety officer or director of public safety who is receiving a
retirement allowance under this chapter as of May 12, 1993.
(4) "Fire
fighter" means:
(a) Any person who is
serving on a full time, fully compensated basis as a member of a fire
department of an employer and who is serving in a position which requires
passing a civil service examination for fire fighter, and who is actively
employed as such;
(b) Anyone who is
actively employed as a full time fire fighter where the fire department does
not have a civil service examination;
(c) Supervisory fire
fighter personnel;
(d) Any full time
executive secretary of an association of fire protection districts authorized
under RCW 52.12.031. The provisions of this subsection (4)(d) shall not apply
to plan II members;
(e) The executive
secretary of a labor guild, association or organization (which is an employer
under RCW 41.26.030(2) as now or hereafter amended), if such individual has
five years previous membership in a retirement system established in chapter
41.16 or 41.18 RCW. The provisions of this subsection (4)(e) shall not apply
to plan II members;
(f) Any person who is
serving on a full time, fully compensated basis for an employer, as a fire
dispatcher, in a department in which, on March 1, 1970, a dispatcher was
required to have passed a civil service examination for fire fighter; and
(g) Any person who on
March 1, 1970, was employed on a full time, fully compensated basis by an
employer, and who on May 21, 1971, was making retirement contributions under
the provisions of chapter 41.16 or 41.18 RCW.
(5)
"Department" means the department of retirement systems created in
chapter 41.50 RCW.
(6) "Surviving
spouse" means the surviving widow or widower of a member. "Surviving
spouse" shall not include the divorced spouse of a member except as
provided in RCW 41.26.162.
(7)(a)
"Child" or "children" means an unmarried person who is
under the age of eighteen or mentally or physically handicapped as determined
by the department, except a handicapped person in the full time care of a state
institution, who is:
(i) A natural born
child;
(ii) A stepchild where
that relationship was in existence prior to the date benefits are payable under
this chapter;
(iii) A posthumous
child;
(iv) A child legally
adopted or made a legal ward of a member prior to the date benefits are payable
under this chapter; or
(v) An illegitimate
child legitimized prior to the date any benefits are payable under this
chapter.
(b) A person shall also
be deemed to be a child up to and including the age of twenty years and eleven
months while attending any high school, college, or vocational or other
educational institution accredited, licensed, or approved by the state, in
which it is located, including the summer vacation months and all other normal
and regular vacation periods at the particular educational institution after
which the child returns to school.
(8) "Member"
means any fire fighter, law enforcement officer, or other person as would apply
under subsections (3) or (4) of this section whose membership is transferred to
the Washington law enforcement officers' and fire fighters' retirement system
on or after March 1, 1970, and every law enforcement officer and fire fighter
who is employed in that capacity on or after such date.
(9) "Retirement
fund" means the "Washington law enforcement officers' and fire
fighters' retirement system fund" as provided for herein.
(10)
"Employee" means any law enforcement officer or fire fighter as
defined in subsections (3) and (4) of this section.
(11)(a)
"Beneficiary" for plan I members, means any person in receipt of a
retirement allowance, disability allowance, death benefit, or any other benefit
described herein.
(b)
"Beneficiary" for plan II members, means any person in receipt of a
retirement allowance or other benefit provided by this chapter resulting from
service rendered to an employer by another person.
(12)(a) "Final
average salary" for plan I members, means (i) for a member holding the
same position or rank for a minimum of twelve months preceding the date of
retirement, the basic salary attached to such same position or rank at time of
retirement; (ii) for any other member, including a civil service member who has
not served a minimum of twelve months in the same position or rank preceding
the date of retirement, the average of the greatest basic salaries payable to
such member during any consecutive twenty-four month period within such
member's last ten years of service for which service credit is allowed,
computed by dividing the total basic salaries payable to such member during the
selected twenty-four month period by twenty-four; (iii) in the case of
disability of any member, the basic salary payable to such member at the time
of disability retirement; (iv) in the case of a member who hereafter vests
pursuant to RCW 41.26.090, the basic salary payable to such member at the time
of vesting.
(b) "Final average
salary" for plan II members, means the monthly average of the member's
basic salary for the highest consecutive sixty service credit months of service
prior to such member's retirement, termination, or death. Periods constituting
authorized unpaid leaves of absence may not be used in the calculation of final
average salary.
(13)(a) "Basic
salary" for plan I members, means the basic monthly rate of salary or
wages, including longevity pay but not including overtime earnings or special
salary or wages, upon which pension or retirement benefits will be computed and
upon which employer contributions and salary deductions will be based.
(b) "Basic
salary" for plan II members, means salaries or wages earned by a member
during a payroll period for personal services, including overtime payments, and
shall include wages and salaries deferred under provisions established pursuant
to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code,
but shall exclude lump sum payments for deferred annual sick leave, unused
accumulated vacation, unused accumulated annual leave, or any form of severance
pay. In any year in which a member serves in the legislature the member shall
have the option of having such member's basic salary be the greater of:
(i) The basic salary
the member would have received had such member not served in the legislature;
or
(ii) Such member's
actual basic salary received for nonlegislative public employment and legislative
service combined. Any additional contributions to the retirement system
required because basic salary under (b)(i) of this subsection is greater than
basic salary under (b)(ii) of this subsection shall be paid by the member for
both member and employer contributions.
(14)(a)
"Service" for plan I members, means all periods of employment for an
employer as a fire fighter or law enforcement officer, for which compensation
is paid, together with periods of suspension not exceeding thirty days in duration.
For the purposes of this chapter service shall also include service in the
armed forces of the United States as provided in RCW 41.26.190. Credit shall
be allowed for all service credit months of service rendered by a member from
and after the member's initial commencement of employment as a fire fighter or
law enforcement officer, during which the member worked for seventy or more
hours, or was on disability leave or disability retirement. Only service
credit months of service shall be counted in the computation of any retirement
allowance or other benefit provided for in this chapter.
(i) For members
retiring after May 21, 1971 who were employed under the coverage of a prior
pension act before March 1, 1970, "service" shall also include (A)
such military service not exceeding five years as was creditable to the member
as of March 1, 1970, under the member's particular prior pension act, and (B)
such other periods of service as were then creditable to a particular member
under the provisions of RCW 41.18.165, 41.20.160 or 41.20.170. However, in no
event shall credit be allowed for any service rendered prior to March 1, 1970,
where the member at the time of rendition of such service was employed in a
position covered by a prior pension act, unless such service, at the time
credit is claimed therefor, is also creditable under the provisions of such
prior act.
(ii) A member who is
employed by two employers at the same time shall only be credited with service
to one such employer for any month during which the member rendered such dual
service.
(b) "Service"
for plan II members, means periods of employment by a member for one or more
employers for which basic salary is earned for ninety or more hours per
calendar month which shall constitute a service credit month. Periods of
employment by a member for one or more employers for which basic salary is
earned for at least seventy hours but less than ninety hours per calendar month
shall constitute one-half service credit month. Periods of employment by a member
for one or more employers for which basic salary is earned for less than
seventy hours shall constitute a one-quarter service credit month.
Members of the
retirement system who are elected or appointed to a state elective position may
elect to continue to be members of this retirement system.
Service credit years of
service shall be determined by dividing the total number of service credit
months of service by twelve. Any fraction of a service credit year of service
as so determined shall be taken into account in the computation of such
retirement allowance or benefits.
If a member receives
basic salary from two or more employers during any calendar month, the
individual shall receive one service credit month's service credit during any
calendar month in which multiple service for ninety or more hours is rendered;
or one-half service credit month's service credit during any calendar month in
which multiple service for at least seventy hours but less than ninety hours is
rendered; or one-quarter service credit month during any calendar month in
which multiple service for less than seventy hours is rendered.
(15) "Accumulated
contributions" means the employee's contributions made by a member,
including any amount paid under RCW 41.50.165(2), plus accrued interest
credited thereon.
(16) "Actuarial
reserve" means a method of financing a pension or retirement plan wherein
reserves are accumulated as the liabilities for benefit payments are incurred
in order that sufficient funds will be available on the date of retirement of
each member to pay the member's future benefits during the period of
retirement.
(17) "Actuarial
valuation" means a mathematical determination of the financial condition
of a retirement plan. It includes the computation of the present monetary
value of benefits payable to present members, and the present monetary value of
future employer and employee contributions, giving effect to mortality among
active and retired members and also to the rates of disability, retirement,
withdrawal from service, salary and interest earned on investments.
(18) "Disability board"
for plan I members means either the county disability board or the city
disability board established in RCW 41.26.110.
(19) "Disability
leave" means the period of six months or any portion thereof during which
a member is on leave at an allowance equal to the member's full salary prior to
the commencement of disability retirement. The definition contained in this
subsection shall apply only to plan I members.
(20) "Disability
retirement" for plan I members, means the period following termination of
a member's disability leave, during which the member is in receipt of a
disability retirement allowance.
(21)
"Position" means the employment held at any particular time, which
may or may not be the same as civil service rank.
(22) "Medical
services" for plan I members, shall include the following as minimum
services to be provided. Reasonable charges for these services shall be paid
in accordance with RCW 41.26.150.
(a) Hospital expenses:
These are the charges made by a hospital, in its own behalf, for
(i) Board and room not
to exceed semiprivate room rate unless private room is required by the
attending physician due to the condition of the patient.
(ii) Necessary hospital
services, other than board and room, furnished by the hospital.
(b) Other medical
expenses: The following charges are considered "other medical
expenses", provided that they have not been considered as "hospital
expenses".
(i) The fees of the
following:
(A) A physician or
surgeon licensed under the provisions of chapter 18.71 RCW;
(B) An ((osteopath))
osteopathic physician and surgeon licensed under the provisions of
chapter 18.57 RCW;
(C) A chiropractor
licensed under the provisions of chapter 18.25 RCW.
(ii) The charges of a
registered graduate nurse other than a nurse who ordinarily resides in the
member's home, or is a member of the family of either the member or the
member's spouse.
(iii) The charges for
the following medical services and supplies:
(A) Drugs and medicines
upon a physician's prescription;
(B) Diagnostic x-ray
and laboratory examinations;
(C) X-ray, radium, and
radioactive isotopes therapy;
(D) Anesthesia and
oxygen;
(E) Rental of iron lung
and other durable medical and surgical equipment;
(F) Artificial limbs
and eyes, and casts, splints, and trusses;
(G) Professional
ambulance service when used to transport the member to or from a hospital when
injured by an accident or stricken by a disease;
(H) Dental charges
incurred by a member who sustains an accidental injury to his or her teeth and
who commences treatment by a legally licensed dentist within ninety days after
the accident;
(I) Nursing home
confinement or hospital extended care facility;
(J) Physical therapy by
a registered physical therapist;
(K) Blood transfusions,
including the cost of blood and blood plasma not replaced by voluntary donors;
(L) An optometrist
licensed under the provisions of chapter 18.53 RCW.
(23) "Regular
interest" means such rate as the director may determine.
(24)
"Retiree" for persons who establish membership in the retirement
system on or after October 1, 1977, means any member in receipt of a retirement
allowance or other benefit provided by this chapter resulting from service
rendered to an employer by such member.
(25) "Director"
means the director of the department.
(26) "State
actuary" or "actuary" means the person appointed pursuant to RCW
44.44.010(2).
(27) "State
elective position" means any position held by any person elected or
appointed to state-wide office or elected or appointed as a member of the
legislature.
(28) "Plan I"
means the law enforcement officers' and fire fighters' retirement system, plan
I providing the benefits and funding provisions covering persons who first
became members of the system prior to October 1, 1977.
(29) "Plan
II" means the law enforcement officers' and fire fighters' retirement
system, plan II providing the benefits and funding provisions covering persons
who first became members of the system on and after October 1, 1977.
(30) "Service
credit year" means an accumulation of months of service credit which is
equal to one when divided by twelve.
(31) "Service
credit month" means a full service credit month or an accumulation of
partial service credit months that are equal to one.
(32) "General
authority law enforcement agency" means any agency, department, or
division of a municipal corporation, political subdivision, or other unit of
local government of this state, and any agency, department, or division of
state government, having as its primary function the detection and apprehension
of persons committing infractions or violating the traffic or criminal laws in
general, but not including the Washington state patrol. Such an agency,
department, or division is distinguished from a limited authority law
enforcement agency having as one of its functions the apprehension or detection
of persons committing infractions or violating the traffic or criminal laws
relating to limited subject areas, including but not limited to, the state departments
of natural resources, fish and wildlife, and social and health services, the
state gambling commission, the state lottery commission, the state parks and
recreation commission, the state utilities and transportation commission, the
state liquor control board, and the state department of corrections.
Sec. 12. RCW 43.43.830 and 1994 c
108 s 1 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
RCW 43.43.830 through 43.43.840.
(1)
"Applicant" means:
(a) Any prospective
employee who will or may have unsupervised access to children under sixteen
years of age or developmentally disabled persons or vulnerable adults during
the course of his or her employment or involvement with the business or
organization;
(b) Any prospective
volunteer who will have regularly scheduled unsupervised access to children under
sixteen years of age, developmentally disabled persons, or vulnerable adults
during the course of his or her employment or involvement with the business or
organization under circumstances where such access will or may involve groups
of (i) five or fewer children under twelve years of age, (ii) three or fewer
children between twelve and sixteen years of age, (iii) developmentally
disabled persons, or (iv) vulnerable adults; or
(c) Any prospective
adoptive parent, as defined in RCW 26.33.020.
(2) "Business or
organization" means a business or organization licensed in this state, any
agency of the state, or other governmental entity, that educates, trains,
treats, supervises, houses, or provides recreation to developmentally disabled
persons, vulnerable adults, or children under sixteen years of age, including
but not limited to public housing authorities, school districts, and
educational service districts.
(3) "Civil
adjudication" means a specific court finding of sexual abuse or
exploitation or physical abuse in a dependency action under RCW 13.34.040 or in
a domestic relations action under Title 26 RCW. In the case of vulnerable
adults, civil adjudication means a specific court finding of abuse or financial
exploitation in a protection proceeding under chapter 74.34 RCW. It does not
include administrative proceedings. The term "civil adjudication" is
further limited to court findings that identify as the perpetrator of the abuse
a named individual, over the age of eighteen years, who was a party to the
dependency or dissolution proceeding or was a respondent in a protection
proceeding in which the finding was made and who contested the allegation of
abuse or exploitation.
(4) "Conviction
record" means "conviction record" information as defined in RCW
10.97.030(3) relating to a crime against children or other persons committed by
either an adult or a juvenile. It does not include a conviction for an offense
that has been the subject of an expungement, pardon, annulment, certificate of
rehabilitation, or other equivalent procedure based on a finding of the
rehabilitation of the person convicted, or a conviction that has been the
subject of a pardon, annulment, or other equivalent procedure based on a
finding of innocence. It does include convictions for offenses for which the
defendant received a deferred or suspended sentence, unless the record has been
expunged according to law.
(5) "Crime against
children or other persons" means a conviction of any of the following
offenses: Aggravated murder; first or second degree murder; first or second
degree kidnaping; first, second, or third degree assault; first, second, or
third degree assault of a child; first, second, or third degree rape; first,
second, or third degree rape of a child; first or second degree robbery; first
degree arson; first degree burglary; first or second degree manslaughter; first
or second degree extortion; indecent liberties; incest; vehicular homicide;
first degree promoting prostitution; communication with a minor; unlawful
imprisonment; simple assault; sexual exploitation of minors; first or second
degree criminal mistreatment; child abuse or neglect as defined in RCW
26.44.020; first or second degree custodial interference; malicious harassment;
first, second, or third degree child molestation; first or second degree sexual
misconduct with a minor; first or second degree rape of a child; patronizing a
juvenile prostitute; child abandonment; promoting pornography; selling or
distributing erotic material to a minor; custodial assault; violation of child
abuse restraining order; child buying or selling; prostitution; felony indecent
exposure; or any of these crimes as they may be renamed in the future.
(6) "Crimes
relating to financial exploitation" means a conviction for first, second,
or third degree extortion; first, second, or third degree theft; first or
second degree robbery; forgery; or any of these crimes as they may be renamed
in the future.
(7) "Disciplinary
board final decision" means any final decision issued by the disciplinary
board or the director of the department of licensing for the following
businesses or professions:
(a) Chiropractic;
(b) Dentistry;
(c) Dental hygiene;
(d) Massage;
(e) Midwifery;
(f) Naturopathy;
(g) ((Osteopathy))
Osteopathic medicine and surgery;
(h) Physical therapy;
(i) Physicians;
(j) Practical nursing;
(k) Registered nursing;
(l) Psychology; and
(m) Real estate brokers
and salesmen.
(8)
"Unsupervised" means not in the presence of:
(a) Another employee or
volunteer from the same business or organization as the applicant; or
(b) Any relative or
guardian of any of the children or developmentally disabled persons to which
the applicant has access during the course of his or her employment or
involvement with the business or organization.
(9) "Vulnerable
adult" means a person sixty years of age or older who has the functional,
mental, or physical inability to care for himself or herself or a patient in a
state hospital as defined in chapter 72.23 RCW.
(10) "Financial exploitation"
means the illegal or improper use of a vulnerable adult or that adult's
resources for another person's profit or advantage.
(11) "Agency"
means any person, firm, partnership, association, corporation, or facility
which receives, provides services to, houses or otherwise cares for vulnerable
adults.
Sec. 13. RCW 48.46.170 and 1983 c
106 s 7 are each amended to read as follows:
(1) Solicitation of
enrolled participants by a health maintenance organization granted a
certificate of registration, or its agents or representatives, shall not be
construed to violate any provision of law relating to solicitation or
advertising by health professionals.
(2) Any health
maintenance organization authorized under this chapter shall not be deemed to
be violating any law prohibiting the practice by unlicensed persons of ((podiatry))
podiatric medicine and surgery, chiropractic, dental hygiene, opticianary,
dentistry, optometry, ((osteopathy)) osteopathic medicine and surgery,
pharmacy, medicine and surgery, physical therapy, nursing, or psychology:
PROVIDED, That this subsection shall not be construed to expand a health
professional's scope of practice or to allow employees of a health maintenance
organization to practice as a health professional unless licensed.
(3) Nothing contained
in this chapter shall alter any statutory obligation, or rule ((or
regulation promulgated)) adopted thereunder, in chapter 70.38 or
70.39 RCW.
(4) Any health
maintenance organization receiving a certificate of registration pursuant to
this chapter shall be exempt from the provisions of chapter 48.05 RCW, but
shall be subject to chapter 70.39 RCW.
Sec. 14. RCW 49.78.020 and 1989
1st ex.s. c 11 s 2 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1) "Child"
means a biological or adopted child, or a stepchild, living with the employee.
(2)
"Department" means the department of labor and industries.
(3)
"Employee" means a person other than an independent contractor
employed by an employer on a continuous basis for the previous fifty-two weeks
for at least thirty-five hours per week.
(4)
"Employer" means: (a) Any person, firm, corporation, partnership,
business trust, legal representative, or other business entity which engages in
any business, industry, profession, or activity in this state and includes any
unit of local government including, but not limited to, a county, city, town,
municipal corporation, quasi-municipal corporation, or political subdivision,
which (i) employed a daily average of one hundred or more employees during the last
calendar quarter at the place where the employee requesting leave reports for
work, or (ii) employed a daily average of one hundred or more employees during
the last calendar quarter within a twenty mile radius of the place where the
employee requesting leave reports for work, where the employer maintains a
central hiring location and customarily transfers employees among workplaces;
and (b) the state, state institutions, and state agencies.
(5) "Family
leave" means leave from employment to care for a newborn or newly adopted
child under the age of six or a child under eighteen years old with a terminal
health condition, as provided in RCW 49.78.030.
(6) "Health care
provider" means a person licensed as a physician under chapter 18.71 RCW
or an ((osteopath)) osteopathic physician and surgeon under
chapter 18.57 RCW.
(7) "Parent"
means a biological or adoptive parent, or a stepparent.
(8) "Reduced leave
schedule" means leave scheduled for fewer than an employee's usual number
of hours or days per workweek.
(9) "Terminal
health condition" means a condition caused by injury, disease, or illness,
that, within reasonable medical judgment, is incurable and will produce death
within the period of leave to which the employee is entitled.
Sec. 15. RCW 68.50.530 and 1993 c
228 s 2 are each amended to read as follows:
Unless the context
requires otherwise, the definitions in this section apply throughout RCW
68.50.520 through 68.50.630 and 68.50.901 through 68.50.904.
(1) "Anatomical
gift" means a donation of all or part of a human body to take effect upon
or after death.
(2)
"Decedent" means a deceased individual.
(3) "Document of
gift" means a card, a statement attached to or imprinted on a motor
vehicle operator's license, a will, or other writing used to make an anatomical
gift.
(4) "Donor"
means an individual who makes an anatomical gift of all or part of the
individual's body.
(5)
"Enucleator" means an individual who is qualified to remove or
process eyes or parts of eyes.
(6)
"Hospital" means a facility licensed under chapter 70.41 RCW, or as a
hospital under the law of any state or a facility operated as a hospital by the
United States government, a state, or a subdivision of a state.
(7) "Part"
means an organ, tissue, eye, bone, artery, blood, fluid, or other portion of a
human body.
(8) "Person"
means an individual, corporation, business trust, estate, trust, partnership,
joint venture, association, government, governmental subdivision or agency, or
any other legal or commercial entity.
(9)
"Physician" or "surgeon" means an individual licensed or
otherwise authorized to practice medicine and surgery or ((osteopathy)) osteopathic
medicine and surgery under chapters 18.71 and 18.57 RCW.
(10) "Procurement
organization" means a person licensed, accredited, or approved under the
laws of any state for procurement, distribution, or storage of human bodies or
parts.
(11) "State"
means a state, territory, or possession of the United States, the District of
Columbia, or the Commonwealth of Puerto Rico.
(12)
"Technician" means an individual who is qualified to remove or
process a part.
Sec. 16. RCW 69.41.010 and 1994
1st sp.s. c 9 s 736 are each amended to read as follows:
As used in this chapter,
the following terms have the meanings indicated unless the context clearly
requires otherwise:
(1)
"Administer" means the direct application of a legend drug whether by
injection, inhalation, ingestion, or any other means, to the body of a patient
or research subject by:
(a) A practitioner; or
(b) The patient or
research subject at the direction of the practitioner.
(2) "Deliver"
or "delivery" means the actual, constructive, or attempted transfer
from one person to another of a legend drug, whether or not there is an agency
relationship.
(3)
"Department" means the department of health.
(4)
"Dispense" means the interpretation of a prescription or order for a
legend drug and, pursuant to that prescription or order, the proper selection,
measuring, compounding, labeling, or packaging necessary to prepare that
prescription or order for delivery.
(5)
"Dispenser" means a practitioner who dispenses.
(6)
"Distribute" means to deliver other than by administering or
dispensing a legend drug.
(7) "Distributor"
means a person who distributes.
(8) "Drug"
means:
(a) Substances
recognized as drugs in the official United States pharmacopoeia, official
homeopathic pharmacopoeia of the United States, or official national formulary,
or any supplement to any of them;
(b) Substances intended
for use in the diagnosis, cure, mitigation, treatment, or prevention of disease
in man or animals;
(c) Substances (other
than food, minerals or vitamins) intended to affect the structure or any
function of the body of man or animals; and
(d) Substances intended
for use as a component of any article specified in clause (a), (b), or (c) of
this subsection. It does not include devices or their components, parts, or
accessories.
(9) "Legend
drugs" means any drugs which are required by state law or regulation of
the state board of pharmacy to be dispensed on prescription only or are
restricted to use by practitioners only.
(10) "Person"
means individual, corporation, government or governmental subdivision or
agency, business trust, estate, trust, partnership or association, or any other
legal entity.
(11)
"Practitioner" means:
(a) A physician under
chapter 18.71 RCW, an osteopathic physician or an osteopathic physician and
surgeon under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a podiatric
physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92
RCW, a registered nurse, advanced registered nurse practitioner, or licensed
practical nurse under chapter 18.79 RCW, an optometrist under chapter 18.53 RCW
who is certified by the optometry board under RCW 18.53.010, an osteopathic
physician assistant under chapter 18.57A RCW, a physician assistant under
chapter 18.71A RCW, or a pharmacist under chapter 18.64 RCW;
(b) A pharmacy,
hospital, or other institution licensed, registered, or otherwise permitted to
distribute, dispense, conduct research with respect to, or to administer a
legend drug in the course of professional practice or research in this state;
and
(c) A physician
licensed to practice medicine and surgery or a physician licensed to practice
((osteopathy)) osteopathic medicine and surgery in any state, or
province of Canada, which shares a common border with the state of Washington.
(12)
"Secretary" means the secretary of health or the secretary's
designee.
Sec. 17. RCW 69.41.030 and 1994
1st sp.s. c 9 s 737 are each amended to read as follows:
It shall be unlawful
for any person to sell, deliver, or possess any legend drug except upon the
order or prescription of a physician under chapter 18.71 RCW, ((an
osteopathic physician or)) an osteopathic physician and surgeon under
chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a podiatric physician and
surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a
commissioned medical or dental officer in the United States armed forces or
public health service in the discharge of his or her official duties, a duly
licensed physician or dentist employed by the veterans administration in the
discharge of his or her official duties, a registered nurse or advanced
registered nurse practitioner under chapter 18.79 RCW when authorized by the
nursing care quality assurance commission, an osteopathic physician assistant
under chapter 18.57A RCW when authorized by the board of osteopathic ((examiners))
medicine and surgery, a physician assistant under chapter 18.71A RCW
when authorized by the medical quality assurance commission, a physician
licensed to practice medicine and surgery or a physician licensed to practice
((osteopathy)) osteopathic medicine and surgery, a dentist
licensed to practice dentistry, a podiatric physician and surgeon licensed to
practice podiatric medicine and surgery, or a veterinarian licensed to practice
veterinary medicine, in any province of Canada which shares a common border
with the state of Washington or in any state of the United States: PROVIDED,
HOWEVER, That the above provisions shall not apply to sale, delivery, or
possession by drug wholesalers or drug manufacturers, or their agents or
employees, or to any practitioner acting within the scope of his or her
license, or to a common or contract carrier or warehouseman, or any employee
thereof, whose possession of any legend drug is in the usual course of business
or employment: PROVIDED FURTHER, That nothing in this chapter or chapter 18.64
RCW shall prevent a family planning clinic that is under contract with the
department of social and health services from selling, delivering, possessing,
and dispensing commercially prepackaged oral contraceptives prescribed by
authorized, licensed health care practitioners.
Sec. 18. RCW 69.50.101 and 1994
1st sp.s. c 9 s 739 are each amended to read as follows:
Unless the context
clearly requires otherwise, definitions of terms shall be as indicated where
used in this chapter:
(a)
"Administer" means to apply a controlled substance, whether by
injection, inhalation, ingestion, or any other means, directly to the body of a
patient or research subject by:
(1) a practitioner
authorized to prescribe (or, by the practitioner's authorized agent); or
(2) the patient or
research subject at the direction and in the presence of the practitioner.
(b) "Agent"
means an authorized person who acts on behalf of or at the direction of a
manufacturer, distributor, or dispenser. It does not include a common or
contract carrier, public warehouseperson, or employee of the carrier or
warehouseperson.
(c) "Board"
means the state board of pharmacy.
(d) "Controlled
substance" means a drug, substance, or immediate precursor included in
Schedules I through V as set forth in federal or state laws, or federal or
board rules.
(e)(1) "Controlled
substance analog" means a substance the chemical structure of which is
substantially similar to the chemical structure of a controlled substance in
Schedule I or II and:
(i) that has a
stimulant, depressant, or hallucinogenic effect on the central nervous system
substantially similar to the stimulant, depressant, or hallucinogenic effect on
the central nervous system of a controlled substance included in Schedule I or
II; or
(ii) with respect to a
particular individual, that the individual represents or intends to have a
stimulant, depressant, or hallucinogenic effect on the central nervous system
substantially similar to the stimulant, depressant, or hallucinogenic effect on
the central nervous system of a controlled substance included in Schedule I or
II.
(2) The term does not
include:
(i) a controlled
substance;
(ii) a substance for
which there is an approved new drug application;
(iii) a substance with
respect to which an exemption is in effect for investigational use by a
particular person under Section 505 of the federal Food, Drug and Cosmetic Act,
21 U.S.C. Sec. 355, to the extent conduct with respect to the substance is
pursuant to the exemption; or
(iv) any substance to
the extent not intended for human consumption before an exemption takes effect
with respect to the substance.
(f) "Deliver"
or "delivery," means the actual or constructive transfer from one
person to another of a substance, whether or not there is an agency
relationship.
(g)
"Department" means the department of health.
(h)
"Dispense" means the interpretation of a prescription or order for a
controlled substance and, pursuant to that prescription or order, the proper
selection, measuring, compounding, labeling, or packaging necessary to prepare
that prescription or order for delivery.
(i)
"Dispenser" means a practitioner who dispenses.
(j)
"Distribute" means to deliver other than by administering or
dispensing a controlled substance.
(k)
"Distributor" means a person who distributes.
(l) "Drug"
means (1) a controlled substance recognized as a drug in the official United
States pharmacopoeia/national formulary or the official homeopathic
pharmacopoeia of the United States, or any supplement to them; (2) controlled
substances intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in individuals or animals; (3) controlled substances
(other than food) intended to affect the structure or any function of the body
of individuals or animals; and (4) controlled substances intended for use as a
component of any article specified in (1), (2), or (3) of this subsection. The
term does not include devices or their components, parts, or accessories.
(m) "Drug
enforcement administration" means the drug enforcement administration in
the United States Department of Justice, or its successor agency.
(n) "Immediate
precursor" means a substance:
(1) that the state
board of pharmacy has found to be and by rule designates as being the principal
compound commonly used, or produced primarily for use, in the manufacture of a
controlled substance;
(2) that is an
immediate chemical intermediary used or likely to be used in the manufacture of
a controlled substance; and
(3) the control of
which is necessary to prevent, curtail, or limit the manufacture of the
controlled substance.
(o) "Isomer"
means an optical isomer, but in RCW 69.50.101(r)(5), 69.50.204(a) (12) and
(34), and 69.50.206(a)(4), the term includes any geometrical isomer; in RCW
69.50.204(a) (8) and (42), and 69.50.210(c) the term includes any positional
isomer; and in RCW 69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term
includes any positional or geometric isomer.
(p)
"Manufacture" means the production, preparation, propagation,
compounding, conversion, or processing of a controlled substance, either
directly or indirectly or by extraction from substances of natural origin, or
independently by means of chemical synthesis, or by a combination of extraction
and chemical synthesis, and includes any packaging or repackaging of the
substance or labeling or relabeling of its container. The term does not
include the preparation, compounding, packaging, repackaging, labeling, or
relabeling of a controlled substance:
(1) by a practitioner
as an incident to the practitioner's administering or dispensing of a
controlled substance in the course of the practitioner's professional practice;
or
(2) by a practitioner,
or by the practitioner's authorized agent under the practitioner's supervision,
for the purpose of, or as an incident to, research, teaching, or chemical
analysis and not for sale.
(q)
"Marijuana" or "marihuana" means all parts of the plant
Cannabis, whether growing or not; the seeds thereof; the resin extracted from
any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or resin. The term does not
include the mature stalks of the plant, fiber produced from the stalks, oil or
cake made from the seeds of the plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of the mature stalks (except the resin
extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant
which is incapable of germination.
(r) "Narcotic
drug" means any of the following, whether produced directly or indirectly
by extraction from substances of vegetable origin, or independently by means of
chemical synthesis, or by a combination of extraction and chemical synthesis:
(1) Opium, opium
derivative, and any derivative of opium or opium derivative, including their
salts, isomers, and salts of isomers, whenever the existence of the salts,
isomers, and salts of isomers is possible within the specific chemical
designation. The term does not include the isoquinoline alkaloids of opium.
(2) Synthetic opiate
and any derivative of synthetic opiate, including their isomers, esters,
ethers, salts, and salts of isomers, esters, and ethers, whenever the existence
of the isomers, esters, ethers, and salts is possible within the specific
chemical designation.
(3) Poppy straw and
concentrate of poppy straw.
(4) Coca leaves, except
coca leaves and extracts of coca leaves from which cocaine, ecgonine, and
derivatives or ecgonine or their salts have been removed.
(5) Cocaine, or any
salt, isomer, or salt of isomer thereof.
(6) Cocaine base.
(7) Ecgonine, or any
derivative, salt, isomer, or salt of isomer thereof.
(8) Any compound,
mixture, or preparation containing any quantity of any substance referred to in
subparagraphs (1) through (7).
(s) "Opiate"
means any substance having an addiction-forming or addiction-sustaining
liability similar to morphine or being capable of conversion into a drug having
addiction-forming or addiction-sustaining liability. The term includes opium, substances
derived from opium (opium derivatives), and synthetic opiates. The term does
not include, unless specifically designated as controlled under RCW 69.50.201,
the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts
(dextromethorphan). The term includes the racemic and levorotatory forms of
dextromethorphan.
(t) "Opium
poppy" means the plant of the species Papaver somniferum L., except its
seeds.
(u) "Person"
means individual, corporation, business trust, estate, trust, partnership,
association, joint venture, government, governmental subdivision or agency, or
any other legal or commercial entity.
(v) "Poppy
straw" means all parts, except the seeds, of the opium poppy, after
mowing.
(w)
"Practitioner" means:
(1) A physician under
chapter 18.71 RCW, a physician assistant under chapter 18.71A RCW, an
osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under
chapter 18.32 RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a
veterinarian under chapter 18.92 RCW, a registered nurse, advanced registered
nurse practitioner, or licensed practical nurse under chapter 18.79 RCW, a
pharmacist under chapter 18.64 RCW or a scientific investigator under this
chapter, licensed, registered or otherwise permitted insofar as is consistent
with those licensing laws to distribute, dispense, conduct research with
respect to or administer a controlled substance in the course of their
professional practice or research in this state.
(2) A pharmacy,
hospital or other institution licensed, registered, or otherwise permitted to
distribute, dispense, conduct research with respect to or to administer a
controlled substance in the course of professional practice or research in this
state.
(3) A physician
licensed to practice medicine and surgery, a physician licensed to practice ((osteopathy))
osteopathic medicine and surgery, a dentist licensed to practice
dentistry, a podiatric physician and surgeon licensed to practice podiatric
medicine and surgery, or a veterinarian licensed to practice veterinary
medicine in any state of the United States.
(x)
"Prescription" means an order for controlled substances issued by a
practitioner duly authorized by law or rule in the state of Washington to
prescribe controlled substances within the scope of his or her professional
practice for a legitimate medical purpose.
(y)
"Production" includes the manufacturing, planting, cultivating,
growing, or harvesting of a controlled substance.
(z)
"Secretary" means the secretary of health or the secretary's designee.
(aa) "State,"
unless the context otherwise requires, means a state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or a territory or
insular possession subject to the jurisdiction of the United States.
(bb) "Ultimate user"
means an individual who lawfully possesses a controlled substance for the
individual's own use or for the use of a member of the individual's household
or for administering to an animal owned by the individual or by a member of the
individual's household.
Sec. 19. RCW 70.05.050 and 1993 c
492 s 238 are each amended to read as follows:
The local health
officer shall be an experienced physician licensed to practice medicine and
surgery or ((osteopathy)) osteopathic medicine and surgery in
this state and who is qualified or provisionally qualified in accordance with
the standards prescribed in RCW 70.05.051 through 70.05.055 to hold the office
of local health officer. No term of office shall be established for the local
health officer but the local health officer shall not be removed until after
notice is given, and an opportunity for a hearing before the board or official
responsible for his or her appointment under this section as to the reason for
his or her removal. The local health officer shall act as executive secretary
to, and administrative officer for the local board of health and shall also be
empowered to employ such technical and other personnel as approved by the local
board of health except where the local board of health has appointed an
administrative officer under RCW 70.05.040. The local health officer shall be
paid such salary and allowed such expenses as shall be determined by the local
board of health.
Sec. 20. RCW 70.08.030 and 1985 c
124 s 3 are each amended to read as follows:
Notwithstanding any
provisions to the contrary contained in any city or county charter, the
director of public health, under this chapter shall meet as a minimum one of
the following standards of educational achievement and vocational experience to
be qualified for appointment to the office:
(1) Bachelor's degree
in business administration, public administration, hospital administration,
management, nursing, environmental health, epidemiology, public health, or its
equivalent and five years of experience in administration in a
community-related field; or
(2) A graduate degree
in any of the fields listed in subsection (1) of this section, or in medicine
or ((osteopathy)) osteopathic medicine and surgery, plus three
years of administrative experience in a community-related field.
The director shall not
engage in the private practice of the director's profession during such tenure
of office and shall not be included in the classified civil service of the said
city or the said county.
If the director of
public health does not meet the qualifications of a health officer or a
physician under RCW 70.05.050, the director shall employ a person so qualified
to advise the director on medical or public health matters.
Sec. 21. RCW 70.28.031 and 1967 c
54 s 4 are each amended to read as follows:
Each health officer is
hereby directed to use every available means to ascertain the existence of, and
immediately to investigate, all reported or suspected cases of tuberculosis in
the infectious stages within his or her jurisdiction and to ascertain
the sources of such infections. In carrying out such investigations, each
health officer is hereby invested with full powers of inspection, examination
and quarantine or isolation of all persons known to be infected with
tuberculosis in an infectious stage or persons who have been previously
diagnosed as having tuberculosis and who are under medical orders for periodic
follow-up examinations and is hereby directed:
(a) To make such
examinations as are deemed necessary of persons reasonably suspected of having
tuberculosis in an infectious stage and to isolate or isolate and quarantine
such persons, whenever deemed necessary for the protection of the public
health.
(b) To make such
examinations as deemed necessary of persons who have been previously diagnosed
as having tuberculosis and who are under medical orders for periodic follow-up
examinations.
(c) Follow local rules
and regulations regarding examinations, quarantine, or isolation, and all
rules, regulations, and orders of the state board and of the department in
carrying out such examination, quarantine or isolation.
(d) Whenever the health
officer shall determine on reasonable grounds that an examination of any person
is necessary for the preservation and protection of the public health, he or
she shall make an examination order in writing, setting forth the name of
the person to be examined, the time and place of the examination, and such
other terms and conditions as may be necessary to protect the public health.
Nothing contained in this subdivision shall be construed to prevent any person
whom the health officer determines should have an examination for infectious
tuberculosis from having such an examination made by a physician of his or
her own choice who is licensed to practice ((osteopathy)) osteopathic
medicine and surgery under chapter 18.57 RCW or medicine and surgery under
chapter 18.71 RCW under such terms and conditions as the health officer shall
determine on reasonable grounds to be necessary to protect the public health.
(e) Whenever the health
officer shall determine that quarantine or isolation in a particular case is
necessary for the preservation and protection of the public health, he or
she shall make an isolation or quarantine order in writing, setting forth
the name of the person to be isolated, the period of time during which the
order shall remain effective, the place of isolation or quarantine, and such
other terms and conditions as may be necessary to protect the public health.
(f) Upon the making of
an examination, isolation, or quarantine order as provided in this section, a
copy of such order shall be served upon the person named in such order.
(g) Upon the receipt of
information that any examination, quarantine, or isolation order, made and
served as herein provided, has been violated, the health officer shall advise
the prosecuting attorney of the county in which such violation has occurred, in
writing, and shall submit to such prosecuting attorney the information in his or
her possession relating to the subject matter of such examination,
isolation, or quarantine order, and of such violation or violations thereof.
(h) Any and all orders
authorized under this section shall be made by the health officer or his or
her tuberculosis control officer.
Sec. 22. RCW 70.38.115 and 1993 c
508 s 6 are each amended to read as follows:
(1) Certificates of
need shall be issued, denied, suspended, or revoked by the designee of the
secretary in accord with the provisions of this chapter and rules of the
department which establish review procedures and criteria for the certificate
of need program.
(2) Criteria for the
review of certificate of need applications, except as provided in subsection
(3) of this section for health maintenance organizations, shall include but not
be limited to consideration of the following:
(a) The need that the
population served or to be served by such services has for such services;
(b) The availability of
less costly or more effective alternative methods of providing such services;
(c) The financial
feasibility and the probable impact of the proposal on the cost of and charges
for providing health services in the community to be served;
(d) In the case of
health services to be provided, (i) the availability of alternative uses of
project resources for the provision of other health services, (ii) the extent
to which such proposed services will be accessible to all residents of the area
to be served, and (iii) the need for and the availability in the community of
services and facilities for osteopathic physicians and surgeons and
allopathic physicians and their patients. The department shall consider the
application in terms of its impact on existing and proposed institutional
training programs for doctors of ((osteopathy)) osteopathic medicine
and surgery and medicine at the student, internship, and residency training
levels;
(e) In the case of a
construction project, the costs and methods of the proposed construction,
including the cost and methods of energy provision, and the probable impact of
the construction project reviewed (i) on the cost of providing health services
by the person proposing such construction project and (ii) on the cost and
charges to the public of providing health services by other persons;
(f) The special needs
and circumstances of osteopathic hospitals, nonallopathic services and
children's hospitals;
(g) Improvements or
innovations in the financing and delivery of health services which foster cost
containment and serve to promote quality assurance and cost-effectiveness;
(h) In the case of
health services proposed to be provided, the efficiency and appropriateness of
the use of existing services and facilities similar to those proposed;
(i) In the case of
existing services or facilities, the quality of care provided by such services
or facilities in the past;
(j) In the case of
hospital certificate of need applications, whether the hospital meets or
exceeds the regional average level of charity care, as determined by the
secretary; and
(k) In the case of
nursing home applications:
(i) The availability of
other nursing home beds in the planning area to be served; and
(ii) The availability
of other services in the community to be served. Data used to determine the
availability of other services will include but not be limited to data provided
by the department of social and health services.
(3) A certificate of
need application of a health maintenance organization or a health care facility
which is controlled, directly or indirectly, by a health maintenance
organization, shall be approved by the department if the department finds:
(a) Approval of such
application is required to meet the needs of the members of the health
maintenance organization and of the new members which such organization can
reasonably be expected to enroll; and
(b) The health
maintenance organization is unable to provide, through services or facilities
which can reasonably be expected to be available to the organization, its
health services in a reasonable and cost-effective manner which is consistent
with the basic method of operation of the organization and which makes such
services available on a long-term basis through physicians and other health
professionals associated with it.
A health care facility,
or any part thereof, with respect to which a certificate of need was issued
under this subsection may not be sold or leased and a controlling interest in
such facility or in a lease of such facility may not be acquired unless the
department issues a certificate of need approving the sale, acquisition, or lease.
(4) Until the final
expiration of the state health plan as provided under RCW 70.38.919, the
decision of the department on a certificate of need application shall be
consistent with the state health plan in effect, except in emergency
circumstances which pose a threat to the public health. The department in
making its final decision may issue a conditional certificate of need if it
finds that the project is justified only under specific circumstances. The
conditions shall directly relate to the project being reviewed. The conditions
may be released if it can be substantiated that the conditions are no longer
valid and the release of such conditions would be consistent with the purposes
of this chapter.
(5) Criteria adopted
for review in accordance with subsection (2) of this section may vary according
to the purpose for which the particular review is being conducted or the type
of health service reviewed.
(6) The department
shall specify information to be required for certificate of need applications.
Within fifteen days of receipt of the application, the department shall request
additional information considered necessary to the application or start the
review process. Applicants may decline to submit requested information through
written notice to the department, in which case review starts on the date of
receipt of the notice. Applications may be denied or limited because of
failure to submit required and necessary information.
(7) Concurrent review
is for the purpose of comparative analysis and evaluation of competing or
similar projects in order to determine which of the projects may best meet
identified needs. Categories of projects subject to concurrent review include
at least new health care facilities, new services, and expansion of existing
health care facilities. The department shall specify time periods for the
submission of applications for certificates of need subject to concurrent
review, which shall not exceed ninety days. Review of concurrent applications
shall start fifteen days after the conclusion of the time period for submission
of applications subject to concurrent review. Concurrent review periods shall
be limited to one hundred fifty days, except as provided for in rules adopted
by the department authorizing and limiting amendment during the course of the
review, or for an unresolved pivotal issue declared by the department.
(8) Review periods for
certificate of need applications other than those subject to concurrent review
shall be limited to ninety days. Review periods may be extended up to thirty
days if needed by a review agency, and for unresolved pivotal issues the
department may extend up to an additional thirty days. A review may be
extended in any case if the applicant agrees to the extension.
(9) The department or
its designee, shall conduct a public hearing on a certificate of need
application if requested unless the review is expedited or subject to emergency
review. The department by rule shall specify the period of time within which a
public hearing must be requested and requirements related to public notice of
the hearing, procedures, recordkeeping and related matters.
(10) Any applicant
denied a certificate of need or whose certificate of need has been suspended or
revoked has the right to an adjudicative proceeding. The proceeding is
governed by chapter 34.05 RCW, the Administrative Procedure Act.
(11) An amended
certificate of need shall be required for the following modifications of an
approved project:
(a) A new service
requiring review under this chapter;
(b) An expansion of a
service subject to review beyond that originally approved;
(c) An increase in bed
capacity;
(d) A significant
reduction in the scope of a nursing home project without a commensurate
reduction in the cost of the nursing home project, or a cost increase (as
represented in bids on a nursing home construction project or final cost
estimates acceptable to the person to whom the certificate of need was issued)
if the total of such increases exceeds twelve percent or fifty thousand
dollars, whichever is greater, over the maximum capital expenditure approved.
The review of reductions or cost increases shall be restricted to the continued
conformance of the nursing home project with the review criteria pertaining to
financial feasibility and cost containment.
(12) An application for
a certificate of need for a nursing home capital expenditure which is
determined by the department to be required to eliminate or prevent imminent
safety hazards or correct violations of applicable licensure and accreditation
standards shall be approved.
(13) In the case of an
application for a certificate of need to replace existing nursing home beds,
all criteria must be met on the same basis as an application for a certificate
of need for a new nursing home, except that the need criteria shall be deemed
met if the applicant is an existing licensee who proposes to replace existing
beds that the licensee has operated for at least one year with the same or
fewer number of beds in the same planning area. When an entire nursing home
ceases operation, its beds shall be treated as existing nursing home beds for
purposes of replacement for eight years or until a certificate of need to
replace them is issued, whichever occurs first. However, the nursing home must
give notice of its intent to retain the beds to the department of health no
later than thirty days after the effective date of the facility's closure.
Sec. 23. RCW 70.96A.020 and 1994
c 231 s 1 are each amended to read as follows:
For the purposes of
this chapter the following words and phrases shall have the following meanings
unless the context clearly requires otherwise:
(1)
"Alcoholic" means a person who suffers from the disease of
alcoholism.
(2)
"Alcoholism" means a disease, characterized by a dependency on
alcoholic beverages, loss of control over the amount and circumstances of use,
symptoms of tolerance, physiological or psychological withdrawal, or both, if
use is reduced or discontinued, and impairment of health or disruption of
social or economic functioning.
(3) "Approved
treatment program" means a discrete program of chemical dependency
treatment provided by a treatment program certified by the department of social
and health services as meeting standards adopted under this chapter.
(4) "Chemical
dependency" means alcoholism or drug addiction, or dependence on alcohol
and one or more other psychoactive chemicals, as the context requires.
(5) "Chemical
dependency program" means expenditures and activities of the department
designed and conducted to prevent or treat alcoholism and other drug addiction,
including reasonable administration and overhead.
(6) "Department"
means the department of social and health services.
(7) "Designated
chemical dependency specialist" means a person designated by the county
alcoholism and other drug addiction program coordinator designated under RCW
70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and
qualified to do so by meeting standards adopted by the department.
(8)
"Director" means the person administering the chemical dependency
program within the department.
(9) "Drug
addict" means a person who suffers from the disease of drug addiction.
(10) "Drug
addiction" means a disease characterized by a dependency on psychoactive
chemicals, loss of control over the amount and circumstances of use, symptoms
of tolerance, physiological or psychological withdrawal, or both, if use is
reduced or discontinued, and impairment of health or disruption of social or
economic functioning.
(11) "Emergency
service patrol" means a patrol established under RCW 70.96A.170.
(12) "Gravely
disabled by alcohol or other drugs" means that a person, as a result of
the use of alcohol or other drugs: (a) Is in danger of serious physical harm
resulting from a failure to provide for his or her essential human needs of
health or safety; or (b) manifests severe deterioration in routine functioning
evidenced by a repeated and escalating loss of cognition or volitional control
over his or her actions and is not receiving care as essential for his or her
health or safety.
(13)
"Incapacitated by alcohol or other psychoactive chemicals" means that
a person, as a result of the use of alcohol or other psychoactive chemicals,
has his or her judgment so impaired that he or she is incapable of realizing
and making a rational decision with respect to his or her need for treatment
and presents a likelihood of serious harm to himself or herself, to any other
person, or to property.
(14) "Incompetent
person" means a person who has been adjudged incompetent by the superior
court.
(15) "Intoxicated
person" means a person whose mental or physical functioning is
substantially impaired as a result of the use of alcohol or other psychoactive
chemicals.
(16) "Licensed
physician" means a person licensed to practice medicine or ((osteopathy))
osteopathic medicine and surgery in the state of Washington.
(17) "Likelihood
of serious harm" means either: (a) A substantial risk that physical harm
will be inflicted by an individual upon his or her own person, as evidenced by
threats or attempts to commit suicide or inflict physical harm on one's self;
(b) a substantial risk that physical harm will be inflicted by an individual
upon another, as evidenced by behavior that has caused the harm or that places
another person or persons in reasonable fear of sustaining the harm; or (c) a
substantial risk that physical harm will be inflicted by an individual upon the
property of others, as evidenced by behavior that has caused substantial loss
or damage to the property of others.
(18) "Minor"
means a person less than eighteen years of age.
(19) "Peace
officer" means a law enforcement official of a public agency or
governmental unit, and includes persons specifically given peace officer powers
by any state law, local ordinance, or judicial order of appointment.
(20) "Person"
means an individual, including a minor.
(21)
"Secretary" means the secretary of the department of social and
health services.
(22)
"Treatment" means the broad range of emergency, detoxification,
residential, and outpatient services and care, including diagnostic evaluation,
chemical dependency education and counseling, medical, psychiatric,
psychological, and social service care, vocational rehabilitation and career
counseling, which may be extended to alcoholics and other drug addicts and
their families, persons incapacitated by alcohol or other psychoactive
chemicals, and intoxicated persons.
(23) "Treatment
program" means an organization, institution, or corporation, public or
private, engaged in the care, treatment, or rehabilitation of alcoholics or
other drug addicts.
Sec. 24. RCW 70.124.020 and 1981
c 174 s 2 are each amended to read as follows:
Unless the context
requires otherwise, the definitions in this section apply throughout this
chapter.
(1) "Court"
means the superior court of the state of Washington.
(2) "Law
enforcement agency" means the police department, the director of public
safety, or the office of the sheriff.
(3) "Practitioner
of the healing arts" or "practitioner" means a person licensed
by this state to practice ((podiatry)) podiatric medicine and surgery,
optometry, pharmacy, physical therapy, chiropractic, nursing, dentistry, ((osteopathy))
osteopathic medicine and surgery, or medicine and surgery. The term
"practitioner" shall include a nurses aide, a nursing home
administrator licensed under chapter 18.52 RCW, and a duly accredited Christian
Science practitioner: PROVIDED, HOWEVER, That a nursing home patient who is
being furnished Christian Science treatment by a duly accredited Christian
Science practitioner shall not be considered, for that reason alone, a
neglected patient for the purposes of this chapter.
(4)
"Department" means the state department of social and health
services.
(5) "Nursing
home" has the meaning prescribed by RCW 18.51.010.
(6) "Social
worker" means anyone engaged in a professional capacity during the regular
course of employment in encouraging or promoting the health, welfare, support,
or education of nursing home patients, or providing social services to nursing
home patients, whether in an individual capacity or as an employee or agent of
any public or private organization or institution.
(7)
"Psychologist" means any person licensed to practice psychology under
chapter 18.83 RCW, whether acting in an individual capacity or as an employee
or agent of any public or private organization or institution.
(8)
"Pharmacist" means any registered pharmacist under chapter 18.64 RCW,
whether acting in an individual capacity or as an employee or agent of any
public or private organization or institution.
(9) "Abuse or neglect"
or "patient abuse or neglect" means the nonaccidental physical injury
or condition, sexual abuse, or negligent treatment of a nursing home or state
hospital patient under circumstances which indicate that the patient's health,
welfare, and safety is harmed thereby.
(10) "Negligent
treatment" means an act or omission which evinces a serious disregard of
consequences of such magnitude as to constitute a clear and present danger to
the patient's health, welfare, and safety.
(11) "State
hospital" means any hospital operated and maintained by the state for the
care of the mentally ill under chapter 72.23 RCW.
NEW
SECTION. Sec. 25. This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect July 1, 1995.
